DIY rewiring and Building control

[Spark123]

I see where you are coming from now, however it still remains that the person has to prove they took the necessary steps, it is not up to the prosecution to prove they didn't.
For a criminal trial to begin there will have to be some sort of solid proof that an offence has been commited.

 

[Softus]

I see where you are coming from now, however it still remains that the person has to prove they took the necessary steps, it is not up to the prosecution to prove they didn't.

But it doesn't. Not in the EAWR, anyway.

Onus is stated in the HASAW Act, but not in the EAWR.

 

[Spark123]

So it is the HASWA which plays it's part in saying you are to blame and the onus is on you (duty holder?) to prove otherwise, the EAWR offers you the defence regulation which you play to prove took reasonable steps......?

 

[pompeygit]

Bet many barristers wouldn't fancy slugging it out with BAS!!!!!!!!!!!!!!

 

[Spark123]

We got to page 20 on high integrity conductors last time

 

[Softus]

So it is the HASWA which plays it's part in saying you are to blame and the onus is on you to prove otherwise, the EAWR offers you the defence regulation which you play to prove took reasonable steps......?

No offence intended, but I don't understand where you get these interpretations from.

The onus defined in the HASAWA places the burdren of proof on the accused to show that "reasonable steps" were taken. This isn't the same as blame being apportioned if no explanation is forthcoming, i.e. presumption of guilt.

For example, the accused might fail to have an explanation, but there might be another reason for acquittal, e.g. prosecution witnesses being discredited, or incorrect handling of the case, or of the evidence, or treatment of the accused.

On the other hand, Even if he can show that reasonable steps were taken, it's no guarantee of acquittal.

In the EAWR, there is no onus, which means that the burden of proof is on the prosecution. However, it explicitly states that it is an adequate defence in law if the accused shows that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

 

[Spark123]

Most of my understanding on reg 29 comes from a course I did a while back on I,T&C. We were told that in the breach of an absolute regulation you were presumed guilty and have to establish your innocense by invoking the defence regulation.
But as has been said, this appears to be only "a" way of proving otherwise.

 

[Softus]

Those bleeding course tutors, eh?

 

[Softus]

Deleted, out of respect to RF.

 

[RF Lighting]

Oh FFS, can't we keep those sorts of posts in the general discussion forum

 

[mattylad]

Please guys, surely the EARWrwrwrwr or whatever is not part of the intent of this thread? is it?


BAS, how are those tests you mention carried out?
Or perhaps thats better for a seperate thread?

 

[ban-all-sheds]

BAS, how are those tests you mention carried out?

http://www.tlc-direct.co.uk/Book/8.3.2.htm

 

[mattylad]

Cheers BAS, I'll print them out & read them while scribbling on what all those fancy words actually mean to me lol.

And I do recall seeing most of those instruments on a trolley at work ready to be calibrated, so I'm sure I can blag em for a weekend.

 

[mattylad]

The Electricians Guide, looks like a good book & affordable at £13.50+vat.
I may just get the new on of those

Is this likely to be available at my local CEF/electrical supply dept etc?

 

[ban-all-sheds]